HomeMy WebLinkAboutContract 39192 54-100181
CITY SECRETARY
'�CINTRACT NO. R q 2
IUA�0'r MEMORANDUM OF AGREEMENT
TRAIN•SERVE•RESPOND
This MEMORANDUM OF AGREEMENT (MOA) is entered into by and between the City of
Fort Worth, Texas (hereafter "City"), a home-rule municipality, and the TEXAS
ENGINEERING EXTENSION SERVICE, an agency of the State of Texas and a member of
The Texas A&M University System ("TEEX") shown below as Contracting Parties.
I. CONTRACTING PARTIES:
The Receiving Party: City of Fort Worth, Texas, 1000 Throckmorton, Fort Worth,
Texas, 76102.
The Performing Party: Texas Engineering Extension Service, John B. Connally
Bldq., 301 Tarrow, College Station, Texas 77840-7896.
II. STATEMENT OF SERVICES:
See Statement of Services dated October 6-9, 2009, attached hereto and
incorporated as Attachment A.
III. CONTRACT AMOUNT:
The total amount of this Contract is: One Hundred Forty-Six Thousand Dollars and no
cents, ($146,000.00).
IV. PAYMENT FOR SERVICES:
Payment for services performed shall be billed lump sum with payment due within thirty
(30) days of completion. Each party paying for the performance of governmental functions or
services must make those payments from current revenues available to the paying party.
V. TERM OF CONTRACT:
This Contract is to begin as of the date of the last signature and shall terminate 09
November, 2009.
VI. EARLY TERMINATION:
Both parties reserve the right to terminate this Contract for cause or if it is
determined the objectives of the program described in Section II cannot be
accomplished. The party wishing to terminate this Contract must notify the other
party in writing fifteen (15) days in advance and arrange for a mutual settlement of
expenses incurred, if any.
VII. NOTICES:
All notices required to be made pursuant to this Contract shall be made at the
addresses set forth in Section I above.
TEEX Form 10-501-33 Page 1 of 4 Approve as of 09/06
54-100181
VIII. CONFIDENTIALITY:
Each party agrees that the terms and conditions of this Contract are confidential,
proprietary and material to each party's interests, business and affairs. Each party
agrees to maintain confidentiality of the terms and conditions of this Contract,
provided that information contained herein may be used by each party's respective
employees, officers and professional advisors to the extent necessary for the purpose
of performing or enforcing this Contract, and provided further that each party
recognizes that the other party is subject to, and must comply with, public information
statutes.
IX. WAIVERS AND SOVEREIGN IMMUNITY:
The failure of either party to require strict compliance with any term of this Contract
shall not be deemed a waiver of that or any other term of this Contract. The parties
will use their best efforts to amicably resolve any dispute. However, nothing contained
in this Contract shall be construed to waive the sovereign immunity enjoyed by both
parties, and their officers, employees or agents.
X. INDEPENDENT CONTRACTOR:
This Contract shall inure to the benefit of, and be binding upon, the successors,
assigns and legal representatives of each party hereto. TEEX may not substitute a
third party to perform its obligations under this Contract without the express written
consent of the City. TEEX and its employees are independent contractors
performing services for the City and are not employees of the City. Nothing herein
shall be construed to create an employer-employee relationship between the parties.
It is understood and agreed that the City will not withhold any amounts for payment
for taxes from the compensation of TEEX, which will be solely responsible to pay all
applicable taxes from said payments, including payments owed to its employees,
agents and subcontractors. Further, neither execution of this Contract nor
performance by the parties under this Contract shall create any partnership or joint
venture relationship between TEEX and the City.
XI. ASSIGNMENT:
Neither party may assign this Contract without the prior written consent of the other
party. It is further understood that this Contract shall be binding upon each party and
its respective successors and assigns.
XI1. INSURANCE:
TEEX represents that, as an agency of the State of Texas, it is self-insured.
XIII. SEVERABILITY:
Any provision of this Contract prohibited by the laws of any state shall, as to such
state, be ineffective to the extent of such prohibition without invalidating the
remaining provisions of this Contract.
TEEX Form 10-501-33 Page 2 of 4 Approve as of 09/06
54-100181
XIV. MODIFICATION:
Any modification of this Contract must be agreed to by the parties in writing.
XV. COMPLETE AGREEMENT:
The covenants and conditions herein contained, together with any attached
exhibits and addenda, are the full and complete terms of this Contract, and no
alterations, amendments, or modifications of the same shall be binding, unless first
reduced to writing and signed by both parties.
The undersigned Parties bind themselves to the faithful performance of this Contract.
RECEIVING PARTY: PERFORMING PARTY:
City of Fort Worth, Texas Texas Engineering Extension Service
Approved as to Form and Legality: W I
By: 1 N-k� HY22,1-+--
Karen Anderson
Sr. Assistant City Attorney Name: Sue Shahan
Title: Deputy Director
Thomas Higgins
Assistant City Manager
Date: 9/13e) Date:
Tax ID: 75-60005286 Tax ID: 74-2270626
Attest:
Contact Person:
Mark W. Anderson, Training Manager
City Secret-Ay
M & C No.: C 3,R 1 a G-,.9-001 Phone: 979-862-6090
Contract No.:
Contact Person:
Juan Ortiz, EMC
Phone: 817-392-6170
TEEX Form 10-501-33 Page 3 of 4 Approve as of 09/06
54-100181
Attachment A
City of Fort Worth, Office of Emergency Management
TEEX, NERRTC EOTC
Jurisdictional Enhanced IMUC Course
Statement of Services,
October 6-9, 2009
Course Overview: The Jurisdictional Enhanced Incident Management Unified Command (JEIMUC)
Course provides participants with incident management and decision-making skills required to safely
and effectively respond to an "All-Hazards" incident in their jurisdiction. The course provides a
brief overview of CBRNE/terrorism and "All-Hazards" emergency response considerations and
methodologies using the Incident Command System (ICS) in a unified command structure. This is
followed by multiple iterations of computer-driven CBRNE/terrorism simulated scenarios. The course
uses a multidisciplinary team approach, focusing on the Incident Command Post (ICP) and the
critical decision-making requirements within that command and control node. The course exercises
incident management skills, staff responsibilities, processes, and related decision-making
requirements. Each staff position is integrated into a unified command structure within the ICP.
During the simulations, participants train in a fixed, assigned position for the entire course or have
the option to train in several ICP positions during the simulations. Over 70% of the course is hands-
on computer-driven simulation training activities, designed to reinforce incident management and
decision-making skills.
Participants: Emergency responders who are in management or supervisory positions that may be
required to perform an incident command staff or general staff function for a jurisdiction during a
response to a CBRNE/terrorism incident. The course is designed for a maximum of 50 participants -
responders, supervisors and managers - in a balanced representation of the following disciplines or
services:
■ Fire services;
■ Emergency Medical Services (EMS);
■ Hazardous materials (Hazmat);
® Law enforcement;
■ Public health;
■ Health care;
■ Public works;
■ Emergency management;
■ Attorneys
■ Governmental administration;
■ County, state, and federal agency personnel who will respond with a local jurisdiction during a
CBRNE/terrorism incident.
Course Length: Three and one-half days (28 hours).
Course Delivery Dates: October 6-9, 2009.
Course Delivery Location: Emergency Operation Training Center (EOTC), Disaster City, College
Station, Texas.
TEEX Form 10-501-33 Page 4 of 4 Approve as of 09/06
M&C Review Page 1 of 2
Official site Of the City of Fort Wotth,iexas
F0RT WORTII
CITY COUNCIL AGENDA
COUNCIL ACTION: Approved on 9/29/2009
DATE: 9/29/2009 REFERENCE NO.: C-23810 LOG NAME: 02TEEXS/JEIMUC
CODE: C TYPE: NOW PUBLIC CONSENT HEARING:
NO
SUBJECT: Authorize a Sole Source Purchase Agreement for the Jurisdictional Enhanced Incident
Management Unified Command Course from Texas Engineering Extension Service for the
City of Fort Worth Emergency Operations Center User's Group in the Amount of
$146,000.00
RECOMMENDATION:
It is recommended that the City Council authorize a sole source purchase agreement for the Jurisdictional
Enhanced Incident Management Unified Command Course from Texas Engineering Extension Service for
the City of Fort Worth Emergency Operations Center User's Group for.$146,000.00 with payment due thirty
days after completion of course.
DISCUSSION:
The Emergency Management Office (EMO)will use this purchase agreement to obtain the "Jurisdictional
Enhanced Incident Management Unified Command Course" for the department heads, managers or key
personnel of each department who respond to an activation of the Emergency Operations Center. The 3-
1/2 day course provides participants with incident management and decision-making skills required to
safely and effectively respond to a Chemical, Biological, Radiological, Nuclear and Explosive
(CBRNE)/Weapons of Mass Destruction (WMD)/terrorism incident in their jurisdiction. The course provides
a brief overview of CBRNE/terrorism emergency response considerations and methodologies of the
Incident Command System (ICS) in a unified command structure, followed by multiple iterations of
computer-driven CBRNE/terrorism simulated scenarios.
The cost of this course shall not exceed $146,000.00, with payment due within thirty days of completion of
course. The payment of this Agreement will be from grant funds that are intended to prepare a city for
disasters.
Texas Engineering Extension Service is the documented sole source provider of this course under the
Department of Homeland Security for the State of Texas.
M/WBE —A waiver of the goal for M/WBE subcontracting requirements was requested by the Emergency
Management Office and approved by the M/WBE Office because the purchase of goods or services is from
sources where subcontracting or supplier opportunities are negligible.
AGREEMENT TERMS - This Agreement begins on the date of the last signature and ends on November 9,
2009.
The Texas Local Government Code, Chapter 252, exempts sole source procurements from the competitive
bid process.
FISCAL INFORMATION/CERTIFICATION:
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=12461&councildate=9/29/2009 10/5/2009
M&C Review Page 2 of 2
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the Grant Funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 539120 002442236080 $146,000.00
Submitted for City Manager's Office by: Carl Smart (6525)
Originating Department Head: Juan Ortiz (6173)
Additional Information Contact: J. J. Jones (6172)
ATTACHMENTS
hppscan307.pdf
Statement of Work TEEXS.doc
http://apps.cfwnet.org/council_packet/mc review.asp?ID=12461&councildate=9/29/2009 10/5/2009